Terms and Conditions

Terms and Conditions

Booking Terms and Conditions

RETAIL TERMS & CONDITIONS

Welcome to Pets at Rest ABN 74 851 544 037 (also referred to as “we” or “us” or “our”). By continuing to browse and use this website, you (also referred to as “your” or “the customer”) agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, governs our rights, obligations and relationship with you.

GOVERNING JURISDICTION

Any agreement entered into or matters arising from the use of this website are subject to the laws of Queensland, Australia. If there is a dispute between you and Pets at Rest that results in litigation you must submit to the jurisdiction of the courts of QLD. Any action against Pets at Rest must be initiated through the courts of QLD.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Pets at Rest concerning your use of our products and services, your use and access to our website and your use and access to the documents and information contained within it.

All verbal or implied terms (except those implied by statute and which cannot be expressly excluded) are hereby expressly excluded.

No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory.

ONLINE TERMS AND CONDITIONS

Pets at Rest accept no responsibility for any loss or damage directly or indirectly caused in connection with the use of this website (or any affiliated or linked website), nor do we accept any responsibility for any loss arising out of reliance on the information contained or accessed through this website (or any affiliated or linked website).

It is expected that independent legal advice will be sought prior to reliance on any of the advice or information contained on this website.

LIMITED LIABILITY

All customers of Pets at Rest are covered by the consumers guarantees imposed by the Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010. Pets at Rest liability in relation to the supply of their goods and services is limited, however, to:

Resupplying a service that was unsatisfactory;

The cost of providing the service more than once;

Repairing or replacing ‘faulty goods’; or

The cost of repairing or replacing ‘faulty goods’.

This information is not intended to serve as legal advice. Please consult independent legal advice in relation to your rights and obligations before reliance on any of these terms and conditions.

AFFILIATION

Whilst Pets at Rest may, from time to time, display logos or links to other websites and may appear to be in affiliation with other companies, despite any representations made we do not act as agent for any other company unless we expressly say so and take no responsibility for the content found on any website we may provide links to.

As explained in our Privacy Policy, this website allows you to share content on or through third party websites such as facebook, twitter and instagram. We do not exchange personally identifying information with these sites and services.

The fact that we link to a website or service or allow you to share content on them is not an endorsement, authorization or representation that we are affiliated with that third party, nor is it an endorsement of their privacy or information security policies or practices.

Other websites and services follow different rules regarding the use or disclosure of the personal information. We encourage you to read the privacy policies or statements of the other websites you visit. We take no responsibility for how your information is used once you leave our website.

PAYMENT

Payment is accepted via the website by Visa, Mastercard, Amex.

Cremations will may not be carried out until full payment has been made.

We offer payment plans, via Zip Money, to our customers because we understand that a death in the family is never planned and can often occur at the worst times.

A cooling off period of five (5) days applies to all purchases at Pets at Rest. If at any time during this period you decide to cancel your purchase, please email petsatrest@rspcaqld.org.au or phone 1300 534 543 to arrange a full refund.

CANCELLATION POLICY

The Applicant(s) may cancel the order for goods providing the goods ordered have not yet been engraved or labelled in any way (less administration fees) – once the goods have been modified we are no longer able to offer a Refund.

Pets At Rest may offer a range of packages for goods and services. The goods and services offered in these packages are standard and cannot be altered. No refund or discount will be provided if the Applicant does not use one or more of the items included in a package. For full details of what is included in the package purchased, refer to the applicable invoice.

If you have booked a pet cremation with us, we are unable to refund or cancel the service within 24Hrs of the booking of the cremation, unfortunately there are associated cost which cannot be changed.

PRIVACY

Be rest assured, Pets at Rest respects your privacy, treats your information confidentially and are committed to adhering to the Australian Privacy Principles.

Pets at Rest collect your information through our online forms and use the information you provide to personalize the service that is provided to you. We will request certain information from your depending on the type of service you request from us.

Certain information will be required in order to contact you, charge you for our services and ensure your product is received at the correct address.

Your information will be held on our secure database so you can contact us about your order and we can discuss it with you. We will not share your information with anyone not in connection with the provision of our products and services, locally or internationally, unless required to do so by law.

You can login to your account to see the information you have provided to us. If you need to change this information you can call us on 1300 534 543 or email us at petsatrest@rspcaqld.org.au.

If you have any complaints about the way your information is collected, stored or used, please contact us first at petsatrest@rspcaqld.org.au and we will endeavor to resolve your complaint within a reasonable time. If we fail to adequately resolve the issue, you are entitled to make a complaint to the Office of the Information Commission.

Please review our full Privacy Policy in order to understand more about the way we handle and use your information.

SEVERANCE OF INVALID TERMS

Pets at Rest accept no liability for any failure to comply with the terms and conditions contained therein where such failure is due to circumstances beyond their reasonable control. If any of the express or implied terms and conditions are held to be invalid, unenforceable or illegal for any reason, that term will be severed and the remaining conditions shall continue in full force.

Website Terms of Use

Your use of this site and the information available on this site is subject to the following terms and conditions:

1. OWNERSHIP

1.1 This site www.petsatrest.com.au (“Website”) is owned and operated by RSPCA QLD Inc. (“RSPCA QLD”).

2. TERMINOLOGY

2.1 In these terms and conditions, the expressions “we”, “us”, and “our” are references to RSPCA QLD.

3. USE OF WEBSITE FROM OUTSIDE AUSTRALIA

3.1 The information on this Website (“the Information”) and the Terms and Conditions have been prepared in accordance with Australian law. If you are residing in or accessing this Website from a country other than Australia (“the User Country”) the Information and the Terms and Conditions may not satisfy the laws of the User Country. Should the Information and the Terms and Conditions satisfy the laws of the User Country, then you are entitled to use the Website. In the event that the Information or the Terms and Conditions do not satisfy the laws of the User Country, this Website is not intended for your use, and you are not entitled to rely on the Information. If you do so, you agree to indemnify us for any loss or damage which we may incur as a consequence.

3.2 We will not accept orders for products from people residing in or accessing this Website from a country other than Australia.

4. ACCEPTANCE OF TERMS AND CONDITIONS

4.1 Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as the “Terms and Conditions”). Your use of and/or continued access to the Website constitutes your agreement to the Terms and Conditions.

4.2 We may amend the Terms and Conditions at any time by posting the amended terms and conditions on the Website. The amended terms and conditions will be effective immediately and you will be bound by the amended terms and conditions from that time. This agreement may not be amended otherwise. You should visit this page periodically to review the Terms and Conditions. If you violate any Terms and Conditions your right to use and access the Website automatically terminates.

5. RESTRICTIONS OF USE

5.1 The Website is available only for your personal and non-profit use. We have the right to change or discontinue any feature of the Website including the Material defined in clause 6, hours of availability and equipment required for access. You may make a single hard copy of the Material. You may not otherwise copy, reproduce, republish, frame, post, upload, distribute, transmit or modify in any way all or any part of the material contained on this Website, unless expressly provided for on the Website or expressly authorised in writing by RSPCA QLD. You must not transmit or attempt to transmit any data, code or other material of any kind to this Website which contains a virus or other harmful component.

6. Trademarks

6.1 All names, logos and trademarks are either our property or the property of third parties who have contributed to the Website. Nothing on the Website should be interpreted as granting any rights to use or distribute any names, logos or trademarks, without our express written agreement or the relevant contributor. Nothing displayed on the Website should be construed as granting any licence or right to use any name, logo or trademark without our express permission, or the relevant third party contributor.

7. COPYRIGHT

7.1 The content of this Website, including all information such as text, graphics, images and other material (“Material”), is protected by Australian and international copyright law. You may download a single copy of the Material and where necessary for reference purposes keep a temporary copy in your computer’s cache and make a single hard copy of the Material. You may make such other use of the material as is otherwise expressly authorised on the Website. Unauthorised use of the Material may violate these copyright laws.

8. NO REPRESENTATIONS

8.1 We make no representations about the accuracy, reliability, completeness or timeliness of the Material. The Material may contain inaccuracies or typographical errors. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.

9. NO WARRANTIES

9.1 The Website and Material are provided on an as is basis without any warranties of any kind. We disclaim all warranties to the fullest extent permitted by law.

9.2 The Trade Practices Act 1974 (Cth) and all corresponding state and territory legislation implies terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms, all warranties express or implied by law in any way relating to access to, or non access to, the Website or the use of or reliance upon the Website or the Material are excluded.

9.3 In addition, we do not warrant that the Website will operate error free or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material. Nor do we warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or will give notice of such use, modification or alteration. If your use of the Website or the Material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

10. LIMITATION OF LIABILITY

10.1 Except as provided by the Prescribed Terms, neither we, our suppliers, or any third parties mentioned on the Website shall be liable for any loss or damage whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages) resulting from the use or access to or inability to use and access the Website and the Material.

11. SPECIFIC WARNINGS

11.1 You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

12. TAXES

12.1 Certain taxes and government charges may be payable in relation to the use of our services. We have no responsibility for such taxes and other government charges on transactions on or in anyway connected with the Website. However should any charge be made by us for the supply of goods or services on the Website, such charges are inclusive of any goods and services tax imposed under Australian law (“GST”).

13. INTERNET SERVICE PROVIDERS

13.1 If you are an internet service and/or access provider, which supplies the material to your subscriber, you must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any of our rights or which is prohibited by the Terms and Conditions.

14. HYPERLINKS

14.1 The Website contains hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the content of any Linked Site or any hyperlink contained in a Linked Site.

14.2 The inclusion of any link does not imply our endorsement of the Linked Site. You link to any such Linked Site entirely at your own risk. We exercise no control over the quality, safety or legality of the items advertised or sold and statements made through any Linked Sites.

14.3 The Material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. We are not liable for the prices or price changes, including where price changes have not been reflected on the relevant site.

14.4 Any purchases or dealings you have with a Linked Site are done at your own risk. We are not a party to any transaction between you and a Linked Site. Your use of a Linked Site is subject to the terms and conditions of that site in addition to the Terms and Conditions of this Website. If there is any inconsistency, to the extent of the inconsistency, the Terms and Conditions of this Website prevail.

15. ADVERTISEMENTS

15.1 The Website display of the Price List is an advertisement made by the Vendor RSPCAs.

15.2 The Website may contain embedded hyperlinks or referral buttons to websites operated by third parties or their licensees or contractors (Advertisers). Clause 14 also applies to sites operated by Advertisers. Any claims by Advertisers are not recommendations or endorsements by us.

16. DISPUTES WITH LINKED SITES AND ADVERTISERS

16.1 As we do not and cannot be involved in your interaction with Linked Sites and Advertisers, in the event that you have a dispute with one or more Linked Sites or Advertisers, to the extent permitted by law, you agree to release us (and our agents and employees) from liability for any claims, demands and damages (actual and consequential) arising out of or in any way connected with such disputes.

17. TERMINATION

17.1 The Terms and Conditions are effective until terminated by us. We may terminate this agreement and your access to the Website at any time without notice. ln the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.

18. GOVERNING LAW

18.1 The Terms and Conditions are governed by and construed in accordance with the laws of the Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Queensland, Australia.

19. PRIVACY POLICY

19.1 We may collect Website visitors’ contact information (like their e-mail addresses). Unless you object, this information may be shared with State and Territory RSPCAs and may be used:

to send news, information about our activities and general promotional material which we believe may be useful to you;

to monitor who is accessing the Website or using services offered on the Website; and

to profile the type of people accessing the Website.

19.2 If you do not wish to have your personal information used in this manner or for any other specific purpose, please email us accordingly.

19.3 The Website may utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.

19.4 We may provide your personal information to State and Territory RSPCAs. We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this Website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.

19.5 If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:

we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;

we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or

we are required by law to disclose the information.

19.6 We will preserve the content of any e-mail or other communication you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

19.8 Personal information which we collect (including your contact details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

19.9 We consider that it is the responsibility of parents to monitor their children’s use of our Website. Nevertheless it is our policy not to offer to send any promotional material to persons in that category.

19.10 You are entitled to have access to any personal information relating to you which you have previously supplied to us over this Website. You are entitled to edit or delete such information unless we are required by law to retain it.

19.11 If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on by clicking here.

20. SECURITY OF INFORMATION

20.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

21. INDEMNITY CLAUSE

21.1 You indemnify us, regardless of any negligence on our part, against all losses, liabilities, legal costs and other expenses incurred by us arising directly or indirectly as a result of or in connections with the breach by you of any provision of these Terms and Conditions or any wilful, unlawful or negligent act by you in connection with the supply by a Vendor RSPCA to you of, or use by you of, any Product.

22. MISCELLANEOUS

22.1 If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved. This agreement sets out the entire understanding and agreement between RSPCA QLD and you with respect to the subject matter.

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